Terms of Service
You may use the Web sites, software, services and media applications of CONK! provided that you agree to the following terms.
BY PURCHASING, ACCESSING, USING OR REGISTERING FOR CONK!, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS.
- We may modify this Agreement. We may modify this Agreement at any time. You agree to review this Agreement periodically so that you will be apprised of any changes and to check for any notices we may provide regarding updates to the Agreement. We post the latest version of this Agreement located at http://conk.com/tos/
- About the Service. CONK! is a web video curation product designed for personal, entertainment and informational purposes only. Content shown on CONK! will include Content that is served to us from third parties. Some of this Content may contain materials that are objectionable, unlawful, or inaccurate. Providing access to this Content does not mean or imply that we endorse this Content or these third party services. You acknowledge and agree that we are not responsible or liable to you for any Content or other materials hosted and served from these third party services.
- Registration and Account Access. We will open a registered user account for you when you complete your registration. You will select a Screen Name that will be identified with your account. You will also be able to select a password to access your Screen Name. Your Screen Name and password are your credentials to give you access to the Services on CONK!. You must be legally competent to enter into contracts, and you must be at least 18 years old on the day you register. You agree to keep this information up to date. You may not have a Screen Name that is vulgar, attempts to impersonate another person, violates the rights of others or attempts to impersonate, or imply, that you are a CONK! administrator or other employee. We also may reject any Screen Name that we determine in our discretion is unacceptable for use on CONK!.
With the exception of minors, only one person is allowed to use any one CONK! account. (Note that there are system controls in place to allow only one login to a CONK! account at any one time.) Parents and guardians may permit their children to use their CONK! accounts, but must supervise such access to their account by minors, and those parents and guardians are responsible for ensuring that the Content is suitable for those children. Such Content may not specifically be intended to be accessed by children.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. We will not be responsible for any loss or damage resulting from unauthorized use of your account.
If we request registration information from you, we will never ask you for your password; but we may ask you to invent a new password in order to reset it.
- Emails to Members. By accepting these Terms and registering for a CONK! account, you grant us permission to occasionally send you via email information about system changes, upgrades, new products of ours and new promotions. We pledge to send you no more than 12 of these emails within any 12-month period.
- Your Responsibilities. CONK! is for your personal use only and you agree that you are responsible for your use of the service. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You will use CONK! for lawful purposes only. You agree that you will not access or submit material or use CONK! or its Content, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful;
- uses technology or other means to access CONK! or Content that is not authorized by CONK!;
- use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access CONK! or Content;
- attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to gain unauthorized access to our computer network or user accounts;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates this Agreement, guidelines or any policy posted on CONK!;
- attempts to damage, disable, overburden, or impair our servers or networks, or those of other members; or
- interferes with any other party’s use and enjoyment of CONK!.
You agree that we may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to any CONK! service if we believe in our discretion you are violating this Agreement.
- No Spam. You may not use CONK! to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use CONK! to violate the terms of this section. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
- Monitoring. We have no duty to monitor or pre-screen Content on CONK!. We reserve the right to remove any Content for any reason, but we are not responsible for any failure or delay in removing such material. We reserve the right to remove any Content or any categories of Content at any time, and we make no guarantee that Content or categories of Content that existed on the Service when you registered will continue to exist in the future.
- Proprietary Rights. As between you and CONK!, CONK!, its affiliates, parent, licensors, suppliers, and various Content owners, own the property rights to CONK! and any Content offered through CONK!. CONK! and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights owned by their respective rights holders, and also may have security components that protect digital information only as authorized by CONK! or the owners of the Content.
- Our license to you. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use CONK! subject to the terms of this Agreement. You may not use CONK! in a manner that exceeds the rights granted for your use of the service and its Content. Without limitation of the foregoing, you may not engage in unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or the CONK! service. Your license terminates immediately upon cancellation or termination of your CONK! account or if we believe you are in violation of this Agreement.
- Trademarks & Copyright. The trademarks, copyrights, names, logos, and service marks (collectively ‘trademarks & copyrights’) displayed on this Service are registered and unregistered trademarks of CONK! LLC and/or their respective rights holders. Nothing contained on this website should be construed as granting any license or right to use any trademarks & copyrights without the prior written permission of CONK! LLC or the respective rights holders. Any unauthorized use of trademarks & copyrights will be subject to legal action.
- Procedure for making claims of copyright infringement. If you believe that your work has been copied and is accessible on CONK! in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement. It should be noted that CONK! does not host any content on its servers or networks, but rather embeds content made available by third-party content providers with their explicit or, in the case of content produred via public embed code or public API, implied consent. Content owners must understand that by having content removed from CONK! they will not be removing the actual source content from the third-party content provider; content owners must contact the content hosting service themselves to request removal. Content owners must also understand that, per the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf ) and other court precedent decisions, CONK! cannot be held liable for copyright infringement by content embedded from a third-party content provider; any and all responsibility for copyright infringement lies entirely with the third-party content provider.
Nonetheless, CONK! will respond expeditiously to claims of copyright infringement that are reported to CONK!’s designated copyright agent identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to CONK! by providing CONK!’s designated copyright agent listed below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a file infringes your copyrights.
- A description of the material that you claim is infringing and information sufficient to establish where it is located on the service, which information should include the complete URL associated with each file, image or video. To delete files from CONK!’s index, CONK! requires an accurate means by which to identify potentially infringing files.
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
CONK!’s Copyright Agent for notice of claims of copyright infringement can be reached as the following email address: [email protected]
CONK! RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF CONK! USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.
- Equipment and access. You must provide at your own expense the equipment and Internet connections that you will need to access and use CONK!. If you are accessing CONK! through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you elect to use your wireless applications (such as cell phones, wifi connections) to use certain CONK! features, including any CONK! mobile applications, your wireless carrier may charge standard fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access CONK! through any wireless or other communications service. If you register to use any CONK! mobile applications, you agree that we may communicate with you regarding CONK! by SMS, MMS, text message, email or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us.
- Use of software. If we make software available for you to download or use, such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the terms in this Section of this Agreement shall govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by CONK! LLC or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this Section. We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software and/or your device may be damaged and/or cease to operate.
- Payments. For any products offered for a fee, you agree to pay all charges for purchases that you make from us, including all applicable taxes, fees and surcharges, if any. You agree to abide by any terms that will apply to purchases or subscriptions. You must select a payment method to pay us for all charges. If you use a credit card or other electronic payment process, you must give us accurate billing and payment information and keep this information up-to-date in the “My Account/Billing” section of the applicable fee-based service. We will bill you through the payment method that is associated with your account. If you use a credit card or other electronic payment method, you authorize us to charge your designated payment method for these charges and to retain information about the payment method associated with your account. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. Each time you use a for-fee service with CONK!, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your account is canceled or terminated.
- DISCLAIMER OF WARRANTY; AS IS. WE PROVIDE CONK! “AS IS” AND WITH ALL FAULTS. YOU ARE USING CONK! AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT CONK! IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; THAT ALL DATA WILL BE SUCCESSFULLY OR SECURELY UPLOADED AND STORED ON CONK!; OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT CONK! IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, WE, OUR LICENSORS AND DISTRIBUTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF CONK! IN TERMS OF ITS CORRECTNESS, ACCURACY, PROFITABILITY OF THE SERVICE, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- LIMITATION OF LIABILITY. WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF CONK!. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS OR RESELLERS (COLLECTIVELY, THE “CONK! GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE CONK!, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH CONK! OR CONK! LLC IS TO CANCEL YOUR USE OF CONK!.
- Termination. We may cancel or suspend your access to CONK! or your CONK! account immediately, without notice, for any or no reason, including without limitation, if there has been a violation of this or if you have failed to pay any fees for purchases that you make from us. Your right to use CONK! will end once your services are cancelled or terminated, and any data you have stored on CONK!, if any, may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and you will pay all cancellation charges specified to you at the time you register for the service.
- Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of CONK! arising out of the contents you submit, e-mail, transmit or make available through CONK!, your violation of these Terms of Service, or your violation of any rights of another user of CONK!. YOU RECOGNIZE THAT IN MANY JURISDICTIONS, PUBLISHING OF CERTAIN TYPES OF MATERIAL INVITES CRIMINAL SANCTIONS. YOU ACKNOWLEDGE THAT YOU ALONE SHALL PERSONALLY BE RESPONSIBLE FOR SUCH CRIMINAL SANCTIONS, SHOULD THEY BE IMPOSED. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. Under no circumstances will CONK! LLC and/or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages to computers, devices, or equipment of any kind that result from the use of, or inability to use, the CONK! service.
- International use. We make no representation that CONK! is appropriate or available for use in the country, geographic area or jurisdiction where you are located, and accessing CONK! from territories where the Content accessed via the CONK! service may be illegal is prohibited. You are responsible for compliance with local laws when you access and use CONK!.
- U.S. GOVERNMENT END-USERS. CONK! and any software products offered with CONK! are a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial software” and “commercial computer documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all end users, including U.S. Government end users acquire CONK! software products with only those rights as set forth herein.
- Electronic transactions and notices. You understand and agree that CONK! is an online service and that we transact with our customers electronically. Your affirmative act of accessing and using CONK! constitutes your acceptance to the Terms of this Agreement. This Agreement shall have the same force and effect as an agreement in writing. You further agree to receive all required notices (“Notices”) from us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY VIA THE E-MAIL ADDRESS YOU HAVE PROVIDED US OR BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of CONK!
- Injunctive relief. You acknowledge and agree that, notwithstanding any other provisions of this Agreement, your breach or threatened breach of this Agreement shall cause us irreparable damage for which recovery of money damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
- No support. We have no obligation to provide support services for CONK!, although we may do so in our sole discretion.
- Jurisdiction; Venue. You agree that the laws of the State of Minnesota, United States of America, govern this Agreement and any claim or dispute that you may have against us, without regard to Minnesota’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Minnesota, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- Miscellaneous. (a) This Agreement constitutes the entire agreement between you and us concerning the subject matter of this Agreement, which may only be modified by us. (b) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (c) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties’ original intent as nearly as practicable, and the remaining portions remain in full force and effect, or we may at its option instead terminate this Agreement. (d) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (f) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at its sole discretion. (g) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (h) Neither party shall be in default or be liable for any delay, failure in performance or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (i) Sections 6-9, 12, 13 and 17 through 27 shall survive expiration or termination of this Agreement. (j) Some Content on CONK! is supplied by YouTube via YouTube API Services, and as such, users of CONK! also agree to be bound by YouTube’s Terms of Service, at https://www.youtube.com/t/terms
Information About You
We collect only the bare minimum amount of information necessary for you to pay for your subscription and access our service. We collect “Personal Information”, which generally speaking is information that can be used to identify you individually, such as your Username and email address. We also collect “Aggregate Information”, which is information about use of our service, such as pages visited, member ratings of content, et.al. The information we collect from you depends on what features you use on CONK!.
Use of Your Personal and Aggregate Information
As a policy we do not share, disclose, market, give away or otherwise dispose of Personal Information we collect to any third parties. However, for our own use we may use your Personal and Aggregate Information in the following circumstances:
- Internal Analysis and Promotions: We may use information about you for our own internal statistical, design and/or operational purposes such as to estimate our audience size; measure aggregate traffic patterns; and understand demographic, customer interest, purchasing and other trends among our customers. We may also use Aggregate Information for the marketing and/or promotion of our products or services. We may outsource all of these tasks to third parties on a confidential basis; we may also share Aggregate Information with other businesses to further our own business goals and/or to improve our services.
- Transaction Processing: We may use your Personal Information to operate convenient and easy-to-use shopping processes that include online “shopping carts” that allow you to track selected products and proceed through purchase. We may share transactional information with entities as is necessary to process credit card payments or other purchasing or delivery systems.
- Legal Requirements: We may disclose personal information if required to do so by law to comply with a court subpoena or in the good-faith belief that such action is necessary to: (a) conform with the law, respond to claims or comply with legal process served on our company or the Service; (b) protect and defend our rights or property, the Site, our employees, customers or the public.
- Sale of our Company or its Assets: Information collected through our Service is considered a trade secret of CONK! LLC. As the owner of such information, we may disclose such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our company or its assets, and such information may be part of that sale.
Also, per our Terms of Service persons under the age of 18 are not allowed to register for CONK! Ergo, our service is not designed nor intended to collect Personal Information from children under the age of 18. However, our Terms of Service do allow adult members to grant access to their account to minors; we ask that parents supervise their children while doing so.
No Refunds; All Sales are Final
No Warranty: The Service is provided “as is” without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, fitness for a particular purpose, or non-infringement. No refunds will be given, and all sales are final.